VietNamNet Bridge – About 20 people-founded universities still cannot shift into private run universities as instructed by the Prime Minister.

Only 2 schools turned into private run schools

Under the 2005 Education Law, Vietnam does not have “people-founded schools.” Therefore, the schools, established before the time the law took effects, will have to follow the procedures to shift into private run schools.

In the Decision No. 112, the government stipulates that it allowed 19 people founded schools to shift into private run schools, and the shifting must be completed prior to June 30, 2007.

In November 2006, the Ministry of Education and Training met relevant ministries and branches to discuss the procedures to be set for the schools to shift into private schools.

However, only in July 2010, did the ministry issue the Circular No. 20 guiding the shifting of the school operation model. As such, the 19 schools needed to wait four years to have the official legal foundation to begin the shifting process.

Since then, two universities have completed the shifting, namely the Thang Long University and the Hong Bang International University.

The Phuong Dong people founded University kicked off the process of shifting into private run school very soon, before the legal document was issued. A detailed plan was mapped out, while a new board of directors was established in accordance with the private school regulations.

The plan was submitted to the Ministry of Education and Training for consideration. However, no progress has been made so far, and the school remains a people founded school.

The same things have occurred with the Hai Phong people founded University. It still awaits the reply from the watchdog agency and still operates as a people founded school.

The president of a people founded school complained that a lot of questions have arisen during the shifting process, to which the Circular No. 20 cannot give the answers.

“The path to the establishment of private run schools still has not opened for the 17 schools yet. The ministry said it is amending the Circular No. 20, and the only thing we can do is waiting,” he said.

Who are they?

The representative went on to say that managers of the schools now don’t understand who they are, because they don’t know if they are businesses and which principles they need to follow when establishing the board of directors.

In the latest move, on March 29, 2013, the Ministry of Education and Training released the Dispatch No. 2071, requesting the people founded schools to set up temporary boards of directors.

However, if the schools follow the ministry’s instructions, they will violate the current laws, because people-founded schools must not exist, which means that there must not be people-founded schools’ board of directors.

In case the schools still want to obey the ministry’s instruction, it’s still unclear if they need to implement the Article 21 or Article 23 of the Decision No. 86 on the regulations of people founded schools.

If they follow the Article No. 21, they will have to set up an official board of directors, not a temporary board as requested by the education ministry.

The Article No. 23 says that a temporary board of directors is set up only when the existing board of directors seriously violates the state’s regulations. However, an official board of directors must be established within one year.

GDVN